Bonum Certa Men Certa

Android/Linux in the Age of Patent Trolls, Software Patents, and Frivolous Litigation


Jobs image licensed under the GNU Free Documentation License (version 1.2 or any later versions); Ellison patch By Thomas Hawk



Summary: News update about the US patent system and the largest lawsuits against Android

THE Android platform is soon being recognised by all and quickly becoming the centre of development, alongside iOS and Windows for the most part. Linux is no longer a marginal and marginalised kernel; it cannot be marginalised. Android is said to be heading towards desktops, but it is all quite speculative although Google once said that it would try to sort of merge Android and ChromeOS, leveraging acquired dominance of one to ensure another. So Android might be poised to destroy Windows, on the desktop too.



"So Android might be poised to destroy Windows, on the desktop too."Android is being attacked by Apple and Microsoft, primarily through patent litigation. There is legislation in the pipeline that can bring change, but until it does, we expect the duopoly to attack Android, sometimes by proxy (patent trolls).

We count not on the suggested reform (the bill can be shot down) because although the US public would overwhelmingly support it, parliament is funded by and run by corporations. Unless members of Congress have their career jeopardised (like in the case of ACTA or SOPA), they are likely to silently vote against public interests. Patent lawyers too remain the well-funded parasites with their nonsensical propaganda, producing the usual nonsense and claiming that "growth" comes from monopolies (patents). Here is a new example of this type of propaganda. The government is now giving more money to patent lawyers in Ireland, based on this new report titled "Tax break for patents a vital step in stimulus". Oh, really?

To quote a part of the article: "Coulter, who is the managing partner of Tughans, one of the North’s largest commercial law firms, says there are five key aspects to the patent box that Northern Ireland companies should bear in mind..."

Why should we take the word of lawyers? They are not the producers of anything, they are merely the leech here (no offence to leeches intended).

While some are somewhat reformed in their views, others show their real zealotry for software patents. We named some of them before.

So anyway, Oracle lost the biggest case against Android and it will retry, as expected. "Oracle has now filed its Opposition," writes Pamela Jones, "to Google's motion for a Rule 50(b) judgment as a matter of law or, in the alternative, for a new trial. This is all about rangeCheck, those 9 lines of code. Is rangeCheck, as Google argues, de minimis as a matter of law? Oracle argues not, and in fact, up to now, Oracle's arguments prevailed."

"Unless members of Congress have their career jeopardised (like in the case of ACTA or SOPA), they are likely to silently vote against public interests."In Apple's case against Samsung there are parasites too. The only major winner here is the patents profession, which mostly comprises lawyers. Jones, a paralegal, writes: "I want to show you a little trick that will help you understand trial testimony. I'll use Apple's Trial Brief [PDF], which we have now as text, in the Apple v. Samsung litigation, just because it's current, but this works with any civil trial. Then I want to show you, again using Apple's trial brief, why Samsung may have felt it needed to stir things up a bit last week.

"You have probably seen articles in the media about the testimony of Phil Schiller and other recent Apple witnesses, where some seemed to wonder why the lawyer wasn't asking questions with more punch. Why go on and on about ad campaigns and how much money they spend on it? It may be interesting. But what does it prove? Why should the jury hear about that? Why does the lawyer ask about ad campaigns in a trial about patents, design patents, and trade dress? I'd like to show you."

As Mr.Pogson puts it, Apple got caught lying and to quote his points:

* Joswiak’s declaration to the court in Apple v Samsung:“The surveys reveal, country-by-country, what is driving our customers to buy Apple’s iPhone products versus other products such as the Android products that Samsung sells, what features they most use, our customers’ demographics and their level of satisfaction with different aspects of iPhone.” * Apple looked at rounded corners produced by Sony years before iThingies had them…“The Walkman digital-music player recently got a makeover. Its corners have been rounded out, “ * Samsung developed rounded corners before iPhone was released despite Apple telling the world that Samsung copied Apple. * There’s plenty of evidence Apple also recycled others designs… I remember Braun. They had lots of rounded corners.

Well, Apple, Samsung both claim innovator status in opening of patent trial, but what about other companies that inspired both? As Wired puts it, "Samsung’s attorney Kevin Johnson eventually got his turn to question Forstall. Johnson focused on internal Apple documents to illustrate how Apple looked to competitors, particularly Samsung, for inspiration."

Of course. Apple's spiritual leader (and the man behind the patent aggression) admitted that Apple had been shameless about such behaviour. To quote: "We've always been shameless about stealing great ideas."

"But Apple erected more walls around its garden."Recently, Apple was seen deviating from UNIX after it had imitated it and took away (one must say "stole) it. Here is the latest: "OS X Mountain Lion not only ships without X11, but actually removes X11 from your computer when you upgrade. If you're not familiar with X11, it's a networked graphical user interface that geeks and systems administrators alike use all the time, every day to connect to and run various UNIX applications. It might not sound like a mainstream feature, and it isn't, but it's something that let me and people like me do our jobs using the Mac. It let me connect to work via ssh and use X11 forwarding to view terminal applications, use tsclient, vnc etc... It let me be an Apple customer. And now it's gone.

"My roots in UNIX and Linux, and I've always enjoyed using and tweaking them to my hearts content, from Gentoo, to FreeBSD to Ubuntu. A couple of years ago, I got tired of the tweaking and just wanted a beautiful Unix experience out of the box, where I could use Terminals, ssh connections, and X11 to keep getting work done, but have all the bells and whistles of a commercial operating system as well. I went with Mac OS X due to it’s BSD lineage and because it looked nice too. I could stay in Terminal all day, and enjoy the experience."

But Apple erected more walls around its garden. It no longer feels like it needs to play nice. It took the code of volunteer developers; now that it's big Apple is essentially suing the work of some of these developers.

Recent Techrights' Posts

43rd Anniversary of the GNU Project Announcement
Coming soon
SLAPP Censorship - Part 187 Out of 200: Reminding Ourselves of the Great Damage Garrett Did to Linux (for Microsoft)
he rejects freedom
IBM's Anderon Another Opportunity for Debt-Loading, Publicity Stunts, Maybe Hidden Layoffs
Anderon is like Theranos
In Praise of 7 Years of Alex Oliva in the FSF, Not IBM
Thank you, Mr. Oliva, for 7 years of uncompressing advocacy and perseverance
Linux Kernel Becoming a Slopfest - Part 2 - Bribes From Slop Pushers Divide Us
Money can and does divide people
 
What's Wrong with Microsoft's GitHub, New Article by Jacob Bachmeyer and Richard Stallman
licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License
EBay is Going to Die Soon
Users will flee
Red Hat PIPs. The Only Question is, How Many?
Insiders know what's coming soon
This Week The Register MS Published a Page With "AI" 34 Times in It and It Was, as Usual, Paid SPAM!
Does The Register MS understand that it is doing harm to its audience (for temporary gains)?
General Assembly (Meeting of All Staff) Starts in Hour Ago to Discuss Strikes at Europe's Second-Largest Institution (EPO), Strikes to Last Until End of 2026 (If Not Further)
The media absolutely does not cover this and that's intentional
Cancel Culture is a Cancer That Harms Democracy, Justice, and Science. It's Designed to Help Corporations Vanish Their Critics.
"Codes of Conduct" sounds benign; in practice, however, it is not
Links 17/09/2026: Class Action Lawsuit Over GAFAM's "NameTag" and Automattic Hides What It Did to CEO Mullenweg (or Why)
Links for the day
Gemini Links 17/09/2026: Google Signals the End, ROOPHLOCH Coverage, EBay Uses Offensive Bots to Falsely Accuse Users of Stuff
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 16, 2026
IRC logs for Wednesday, September 16, 2026
SLAPP Censorship - Part 186 Out of 200: Love (Always Commands)
This coming Friday we celebrate our wedding anniversary
With Half of September Finished Clownflare Radar Sees GNU/Linux at 7% "Market Share"
On desktops/laptops
Gemini Links 16/09/2026: Cards, Nature, and Conspiracy Theorists
Links for the day
Links 16/09/2026: Proprietary Chatbots Company Lets Humans Moderate Chatbots, "Putin Looking to See How Far he Can Push NATO"
Links for the day
The Only Still-Supported Version of Windows Breaks Itself (Again), the Microsoft Layoffs Will Carry on in Secret
In the US they marked about 7% for removal just this past summer
Wikileaks Turns 20 Just 18 Days From Now
it's fair to say they've endured online, but aren't lively/active
The Cyber Show Debunks the Alleged Intelligence in Slop
It's shorter than usual
Expecting Failure
Some things would not happen to technology (tech) experts because they know how things work and what to expect (or watch out for)
Links 16/09/2026: US Running Low/Out of Some Ammo Due to Wars, Slop Bots "Are Using an Outrageous Amount of Electricity"
Links for the day
"AI Slowdown" is Code Word for Bubble Imploding (Trying to Make This Slowdown Seem Wilful, an Act of Safety and Responsibility)
They help one another by inflating the bubble and making false excuses when expansion stalls
SLAPP Censorship - Part 185 Out of 200: What Reputation?
Helping monopolies and working for monopolies never made anybody popular
Gemini Links 16/09/2026: Slovenia, Catastrophe Ethics, and ROOPHLOCH 2026
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 15, 2026
IRC logs for Tuesday, September 15, 2026
Microsoft Layoffs in September 2026 Are Silent, Hidden
Expect the same next month ahead of the fake results
Links 15/09/2026: 'Smartphone', Android TV Box, Stockholm Syndrome of [Slop Plagiarism] Acceptance
Links for the day
Carmen-Lisandrette Maris Prepares Audiobook to Explain Software Freedom/Digital Rights to Adolescents, Needs Help From Volunteers
needs help with narrating
Links 15/09/2026: Putin-Connected Money for The Insurrectionist Jr. and Turkey's Crackdown on Activists
Links for the day
publicdomainpictures.net Seems to Have Become Fed Up With Slop Contaminating Its Database (Wasting Storage, Bandwidth), Now It's Suitably Flagged, Should Be Demoted/Delisted
The site was redone, suffered some hours of downtime, then 'relaunched' with a new interface this week
Gemini Links 15/09/2026: Hiking in Munții Făgăraș, Scams, and Slop Plagiarism Considered Unethical
Links for the day
Linux Kernel Becoming a Slopfest - Part 1 - At the Beginning (Torvalds Knew It Was Trouble)
We still wonder if we should make and actively maintain a shame list (developer/employer) for the people who contaminate Linux the most with slop plagiarism
EPO Staff is Preparing to Take Up a Notch the Strikes and Other Industrial Actions Ahead of October's Meeting (It Can Help Oust the Corrupt Leadership)
mobilising perhaps thousands of workers at a critical time in the history of the Office
unixcop.com is the Latest "Linux" Site to Have Become a Slopfarm After 2 Years of Death (Inactivity)
Not a way to stage a comeback
Allegedly Many PIP Layoffs in Nepal, IBM Does This Before a Known Death Toll in Avalanche (Caused by China-, Europe-, and US-Induced Global Warming)
Fresh wounds, before the bodies are even recovered (thousands still missing)
"Wail" by Alexandre Oliva
This work is licensed under the Creative Commons License BY-SA (Attribution ShareAlike) 4.0 International
This Morning The Register MS Published a Page With "AI" 83 Times in it. The Register MS Got Paid to Do This.
The Register MS is not a serious publisher and a lot of the stuff about "AI" on the Web isn't journalism but paid-for SPAM
While GAFAM/Microsoft Disguise Financial Crisis as "Investment in AI" the Slop Giants Make Up a Narrative of Wilful Slowdown
A BS artist is good at the art of BS when the artist's failures or weaknesses get twisted as moral or professional leadership
SLAPP Censorship - Part 184 Out of 200: A Tiny Law Firm That Knows Nothing But Microsoft (But Merely Pretends to Understand "IT")
They've managed to trick some mainstream media into thinking they're "Tech" experts or "Social [Control] Media" gurus; nothing could be further from the truth
Links 15/09/2026: Sweden’s Far Right Perishing and "Iceland Just Got Played"
Links for the day
It's Not About How Developers Vote
This isn't about politics, it's about users being in control of their own computers and computing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 14, 2026
IRC logs for Monday, September 14, 2026
Gemini Links 15/09/2026: Poetry, Enshittification of Ebay, and Mecha System
Links for the day